Schools (including academies and free schools) must have regard to the admissions code (see links below), the Equality Act 2010 and the 2015 SEND Code of Practice, chapter 6 outlines school responsibilities and chapter 1 explains the basic principles, which focus on inclusive practice and removing barriers to learning.
If a school says they are concerned about their ability to meet your child’s needs, get as much information as possible as to why. You may find that you can explore with the school other means of supporting your child. If they cannot offer a strategy a previous school provided, what could they offer instead which might have a similar impact?
Children and young people should be educated in mainstream* education in accordance with sections 33 & 34 of the 2014 Children and Families Act.
A *mainstream school is defined in section 83 of the Act as follows:
‘ “mainstream school” means—
(a) a maintained school that is not a special school, or
(b) an Academy school that is not a special school;’’
It is against the law to discriminate on the grounds of disability (& other characteristics). Section 6 (85) of the Equality Act 2010.
An admission authority must not discriminate on the grounds of disability; gender reassignment; pregnancy and maternity; race; religion or belief; sex; or sexual orientation, against a person in the arrangements and decisions it makes as to who is offered admission as a pupil. ( School Admissions Code)